Legalize / Ireland / Act

Qualifications (Education and Training) Act 1999

Type Act

Publication 1999-07-13

State In force

Source Irish Statute Book

articles 66

Reform history JSON API

PART I Preliminary And General

1 Short title, commencement, collective citation and construction.

1.—(1) This Act may be cited as the Qualifications (Education and Training) Act, 1999.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3)(a) Chapter IV of Part IV and, in so far as they relate to that Chapter, this section and section 2 shall be construed as one with the Regional Technical Colleges Acts, 1992 to 1999, and shall be included in the collective citation “the Regional Technical Colleges Acts, 1992 to 1999”.

(b) The Dublin Institute of Technology Acts, 1992 and 1994, Part V and, in so far as they relate to that Part, this section and section 2 may be cited together as the Dublin Institute of Technology Acts, 1992 to 1999, and shall be construed together as one.

(c) The Universities Act, 1997, Part VI and, in so far as they relate to that Part, this section and section 2 may be cited together as the Universities Acts, 1997 and 1999, and shall be construed together as one.

(d) The Labour Services Act, 1987, section 62 and, in so far as they relate to that section, this section and section 2, may be cited together as the Labour Services Acts, 1987 and 1999, and shall be construed together as one.

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“access” means the process by which learners may commence a programme of education and training having received recognition for knowledge, skill or competence acquired;

“Act of 1992” means the Regional Technical Colleges Act, 1992;

“Act of 1997” means the Universities Act, 1997;

“award” means an award which is conferred, granted or given by an awarding body and which records that a learner has acquired a standard of knowledge, skill or competence, and references in this Act to “award” shall include references to a “further education and training award” or to a “higher education and training award”;

“awarding body” means a body which makes awards;

“CERT” means the company entitled “CERT, the State Tourism Training Agency”, incorporated on the 7th day of November, 1963;

“charter” means a charter of a recognised institution referred to in section 31;

“chief executive” means the chief executive of the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, appointed under section 50, and includes a person acting in that office or performing the duties of a chief executive where he or she has been duly authorised to do so;

“completion rate” means the number of learners who complete a programme of education and training expressed as a percentage of the number of learners who commenced the programme concerned;

“employee”, in relation to the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, means a person employed by any of them in any capacity, and includes an officer of any of them;

“An Foras” means An Foras Áiseanna Saothair;

“framework of qualifications” has the meaning assigned to it by section 7;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“further education and training” means education and training other than primary or post-primary education or higher education and training, which is determined by the National Qualifications Authority of Ireland under section 10 to be further education and training;

“Further Education and Training Awards Council” means the body established under section 12;

“higher education and training” means education and training, other than primary or post-primary education or further education and training, which is determined by the National Qualifications Authority of Ireland under section 10 to be higher education and training;

“Higher Education and Training Awards Council” means the body established under section 21;

“interim chief executive” means a person appointed by the Minister to be the interim chief executive of a relevant body under section 51;

“learner” means a person who is acquiring or who has acquired knowledge, skill or competence;

“Minister” means the Minister for Education and Science;

“National Council for Vocational Awards” means the ad hoc body of that name established by the Minister;

“National Qualifications Authority of Ireland” means the body established under section 5;

“National Tourism Certification Board” means the body established by CERT and the Minister for the purposes of making awards in respect of programmes of education and training relating to tourism;

“officer”, in relation to the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, includes—

(a) the chief executive,

(b) a person who immediately before the commencement of Chapter V of Part IV is an officer of the National Council for Educational Awards, and

(c) such other employees as the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, may from time to time determine;

“programme of education and training” means any process by which learners may acquire knowledge, skill or competence and includes courses of study or instruction, apprenticeships, training and employment and references to “programme” shall be construed accordingly;

“progression” means the process by which learners may transfer from one programme of education and training to another programme where each programme is of a higher level than the preceding programme;

“provider of a programme of education and training” means a person who, or body which, provides, organises or procures a programme of education and training and references to “provider” shall be construed accordingly;

“recognised institutions” means the institutions specified in section 24;

“special educational and training needs” means the educational and training needs of learners who have a disability;

“Teagasc” means Teagasc — The Agriculture and Food Development Authority;

“transfer” means the process by which learners may transfer from one programme of education and training to another programme having received recognition for knowledge, skill or competence acquired;

“An tÚdarás” means An tÚdarás um Ard-Oideachas;

“university” means a university specified in paragraphs (a) to (d) of section 4(1) of the Universities Act, 1997;

“validation” means the process by which an awarding body shall satisfy itself that a learner may attain knowledge, skill or competence for the purpose of an award made by the awarding body and cognate words shall be construed accordingly;

“vocational education committee” means a committee established under section 7 of the Vocational Education Act, 1930.

(2) In this Act—

(a) a reference to a section, Chapter or Part is a reference to a section, Chapter or Part of this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended,

(d) a reference to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

3 Expenses.

3.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4 Objects of Act.

4.—(1) The objects of this Act shall be as follows:

(a) to establish and develop standards of knowledge, skill or competence;

(b) to promote the quality of further education and training and higher education and training;

(d) to promote and maintain procedures for transfer and progression;

(e) to facilitate lifelong learning through the promotion of access and opportunities for all learners, including learners with special educational and training needs;

(f) to promote the recognition of knowledge, skill or competence acquired through research, adult and continuing education and training and employment;

(g) to contribute to the realisation of national education and training policies and objectives and, in particular, to meeting the education and training requirements of industry, including agriculture, business, tourism, trade, the professions and the public service;

(h) to promote co-operation between providers of programmes of education and training and industry, including agriculture, business, tourism, trade, the professions and the public service;

(i) to promote recognition outside the State of awards made by bodies in the State and recognition in the State of awards made by bodies outside the State;

(j) having regard to the traditions of providers of education and training, to promote diversity in education and training between further education and training and higher education and training and within each of these; and

(k) to contribute to the realisation of national policy and objectives in relation to the extension of bi-lingualism in Irish society and, in particular, the achievement of a greater use of the Irish language and to contribute to the promotion of the distinctive cultures of Ireland.

(2) Every body and person concerned in the implementation of this Act shall have regard in exercising their functions under this Act to the objects specified in subsection (1).

PART II National Qualifications Authority Of Ireland

5 Establishment of National Qualifications Authority of Ireland.

5.—(1) There shall stand established a body to be known as Údarás Náisiúnta Cáilíochtaí na hÉireann or in the English language as the National Qualifications Authority of Ireland (in this Act referred to as the “Authority”) to perform the functions conferred on it by or under this Act.

(2) The Authority shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

6 Membership of Authority.

6.—(1) The Authority shall consist of 14 members.

(2) The members of the Authority shall be—

(a) the chairperson of the Authority,

(b) the chief executive of the Authority,

(c) two persons nominated by the Minister, one of whom shall be a person who, in the opinion of the Minister, is representative of community and voluntary organisations,

(d) one person nominated by the Minister for Enterprise, Trade and Employment,

(e) the chairperson of the Higher Education and Training Awards Council,

(f) the chairperson of the Further Education and Training Awards Council,

(g) one person nominated by universities,

(h) one person who, in the opinion of the Minister after consultation with the Minister for Enterprise, Trade and Employment, is representative of learners,

(i) one person nominated by Forfás,

(j) one person nominated by the Irish Business and Employers Confederation,

(k) one person nominated by the Irish Congress of Trade Unions, and

(l) two persons nominated in accordance with subsection (3).

(3) Subject to subsection (1), the Authority shall nominate as members two persons who have a special knowledge and experience related to the functions of the Authority, at least one of whom shall be a person with international experience related to those functions.

(4) The First Schedule shall apply to the Authority.

(5) The Minister may make regulations for the purposes of nominations to be made under subsection (2) or (3).

(6) Where a nomination is made under subsection (2) or (3), regard shall be had to the desirability of an appropriate gender balance and where a person or body has more than one nomination under this section, the person or body shall nominate at least one male and at least one female.

7 Objects of Authority.

7.—The objects of the Authority shall be as follows:

(a) to establish and maintain a framework, being a framework for the development, recognition and award of qualifications in the State (in this Act referred to as a “framework of qualifications”), based on standards of knowledge, skill or competence to be acquired by learners;

(b) to establish and promote the maintenance and improvement of the standards of further education and training awards and higher education and training awards of the Further Education and Training Awards Council, the Higher Education and Training Awards Council, the Dublin Institute of Technology and universities established under section 9 of the Act of 1997; and

8 Functions of Authority.

8.—(1) The functions of the Authority are to do all things necessary or expedient in accordance with this Act to further the objects of the Authority.

(2) Without prejudice to the generality of subsection (1), the Authority shall—

(a) establish the policies and criteria on which the framework of qualifications shall be based,

(b) review the operation of the framework of qualifications having regard to the objects specified in section 7,

(c) establish, in consultation with the Further Education and Training Awards Council and the Higher Education and Training Awards Council, procedures for the performance by them of their functions and shall review those procedures from time to time,

(d) determine the procedures to be implemented by providers of programmes of education and training for access, transfer and progression and shall publish those procedures in such form and manner as the Authority thinks fit,

(e) ensure, in consultation with the Dublin Institute of Technology and universities established under section 9 of the Act of 1997, that the procedures referred to in paragraph (d) are being implemented by them,

(f) facilitate and advise universities in implementing the procedures referred to in paragraph (d) and from time to time and in any case not less than once in every five years, in consultation with An tÚdarás, review the implementation of those procedures by universities, and publish the outcomes of such a review in such form and manner as it thinks fit,

(g) consult with and advise the Minister or any other Minister, as the case may be, on such matters in respect of its functions as the Minister or any other Minister may request or as the Authority sees fit, and

(h) (i) liaise with bodies outside the State which make education and training awards for the purposes of facilitating the recognition in the State of education and training awards made by those bodies, and

(ii) facilitate recognition outside the State of education and training awards made in the State.

(3) The Authority, in the performance of its functions, shall—

(a) inform itself of the education, training, skills and qualifications requirements of industry, including agriculture, business, tourism, trade, the professions and the public service, including the level of knowledge, skill or competence to be acquired by learners and promote practices in education and training which meet those requirements,

(b) inform itself of practices outside the State in respect of matters relevant to its functions,

(c) give effect to the policies relating to education and training which from time to time are established, and notified in writing to the Authority, by the Minister, or by any other Minister with the agreement of the Minister, following consultation with the Authority, and

(d) consult, as it considers appropriate, with universities, the Higher Education and Training Awards Council, the Further Education and Training Awards Council, the Dublin Institute of Technology, recognised institutions, An Foras, CERT, Teagasc, An Bord Iascaigh Mhara, educational or training institutions established by a vocational education committee, other providers of education and training, persons, or bodies of persons, who represent employees of providers of education and training or who represent learners, An tÚdarás, the National Council for Curriculum and Assessment and such other persons or bodies of persons as the Authority considers appropriate, and the Authority shall consider the views, if any, of those bodies for the purpose of determining the procedures referred to in subsection (2)(d).

9 Review by Authority.

9.—(1) The Authority may from time to time review the performance by the Further Education and Training Awards Council or the Higher Education and Training Awards Council of its functions and may make such recommendations to the Council concerned in respect of that performance, as the Authority thinks fit.

(2) The Further Education and Training Awards Council or the Higher Education and Training Awards Council shall implement recommendations, if any, made by the Authority under subsection (1).

(3) The Authority shall publish in such form and manner as it considers appropriate the results of a review under subsection (1).

10 Determination by Authority.

10.—(1) Subject to subsection (3), the Authority may determine—

(a) whether any particular programme of education and training is higher education and training or further education and training, or

(b) whether the standard of knowledge, skill or competence to be acquired by a learner for the purposes of an award is at the level of a further education and training award or of a higher education and training award.

(2) In making a determination under subsection (1) the Authority shall have regard, as the Authority considers appropriate, to—

(a) the programme of education and training concerned, or

(b) the standard of knowledge, skill or competence acquired by a learner however acquired, or

(c) the programme of education and training concerned and the standard of knowledge, skill or competence acquired by a learner however acquired.

(3) A programme of education and training, which leads to the attainment by learners of a standard of knowledge, skill or competence which is not higher than the level at which, before the 3rd day of March, 1999, the National Council for Vocational Awards has made awards, shall be deemed to be further education and training, unless otherwise determined by the Authority under subsection (1).

11 Grants.

11.—(1) In each year there shall be paid by the Minister, out of moneys provided by the Oireachtas, to the Authority, a grant or grants of such amount as the Minister, with the consent of the Minister for Finance, thinks fit.

(2) In each year there may be paid by the Authority, out of moneys received by it under subsection (1), a grant or grants, of such amount as the Authority thinks fit, to the Higher Education and Training Awards Council and to the Further Education and Training Awards Council.

(3) A payment under subsection (2) to the Higher Education and Training Awards Council or to the Further Education and Training Awards Council, as the case may be, shall be made in such manner and subject to such conditions as the Authority thinks fit.

PART III Further Education And Training Awards Council

Chapter I The Council: General Provisions

12 Establishment of Further Education and Training Awards Council.

12.—(1) There shall stand established a body to be known as Comhairle na nDámhachtainí Breisoideachais agus Oiliúna or in the English language as the Further Education and Training Awards Council (in this Part referred to as “the Council”) to perform the functions conferred on it by or under this Act.

(2) The Council shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(3) A further education and training award of the National Council for Vocational Awards, the National Council for Educational Awards, An Foras, the National Tourism Certification Board or Teagasc, which was made before the commencement of this Part, shall be deemed to be an award made by the Council.

(4) The Council may, for a period of five years from the commencement of this Part, make or recognise further education and training awards where it is satisfied that the National Council for Vocational Awards, the National Council for Educational Awards, An Foras, the National Tourism Certification Board or Teagasc—

(a) had, before the commencement of this Part, validated, or

(b) would, but for the commencement of this Part, have validated,

the programme of education and training concerned for the purposes of making or recognising further education and training awards.

13 Membership of Council.

13.—(1) The Council shall consist of 18 members.

(2) The members of the Council shall be—

(a) the chairperson of the Council,

(b) the chief executive of the Council,

(d) two persons nominated by the Minister,

(e) two persons nominated by the Minister for Enterprise, Trade and Employment,

(f) two persons who, in the opinion of the Minister, are representative of educational or training institutions established and maintained by a vocational education committee,

(g) one person who, in the opinion of the Minister after consultation with the Minister for Enterprise, Trade and Employment, is representative of learners participating in programmes of further education and training,

(h) one person who, in the opinion of the Minister after consultation with the Minister for Enterprise, Trade and Employment, is representative of employees of providers of programmes of further education and training,

(i) one person nominated by CERT,

(j) one person nominated by Teagasc,

(k) one person nominated by An Foras,

(l) one person nominated by the Irish Business and Employers Confederation,

(m) one person nominated by the Irish Congress of Trade Unions, and

(n) two persons nominated in accordance with subsection (3).

(3) Subject to subsection (1), the Council shall nominate as members two persons who have a special knowledge and experience related to the functions of the Council, at least one of whom shall be a person with relevant international experience related to those functions.

(4) The First Schedule shall apply to the Council.

(5) The Minister may make regulations for the purposes of nominations to be made under subsection (2) or (3).

14 Functions of Council

14.—(1) The functions of the Council shall be as follows:

(a) to establish and publish, in such form and manner as it thinks fit, policies and criteria for—

(i) the making of further education and training awards, and

(ii) the validation of programmes of further education and training,

and to review such policies and criteria not less than once in every five years;

(b) to determine standards of knowledge, skill or competence to be acquired by learners—

(i) before a further education and training award may be made by the Council or by a provider of a programme of education and training to which authority to make awards has been delegated under section 19, or

(ii) who request from the Council recognition of an award made by a body other than the Council or a provider to which authority to make awards has been delegated under section 19;

(c) to make or recognise further education and training awards given or to be given to persons who apply for those awards and who, in the opinion of the Council, have achieved the standard determined by the Council under paragraph (b);

(d) to monitor and evaluate the quality of programmes of education and training in respect of which awards are made or recognised under paragraph (c);

(e) to ensure that—

(i) providers of programmes of education and training whose programmes are validated under section 15, and

(ii) providers of programmes of education and training to which authority to make awards has been delegated under section 19,

establish procedures for the assessment of learners which are fair and consistent and for the purpose of compliance with standards determined by the Council under paragraph (b);

(f) to promote the further education and training awards of the Council;

(g) to facilitate and assist the Authority in carrying out its functions;

(h) to consult with and advise the Minister or any other Minister, as the case may be, on such matters in respect of its functions as the Minister or any other Minister may request or as the Council thinks fit, and to inform the Authority of any such consultation and advice, and

(i) to do all such acts or things as are necessary or expedient for the purpose of the exercise of its functions.

(2) The Council, in the performance of its functions, shall—

(a) consult, as it considers appropriate, with providers of further education and training or other persons or bodies,

(b) following consultation with the Authority, inform itself of practices outside the State in respect of matters relevant to its functions,

(c) following consultation with the Authority, inform itself of the education, training, skill and qualifications requirements of industry, including agriculture, business, tourism, trade, the professions and the public service, including the level of knowledge, skill or competence to be acquired by learners and promote practices in further education and training which meet those requirements, and

(d) ensure that procedures for access, transfer and progression determined by the Authority under section 8(2)(d) are implemented by—

(i) providers of programmes of education and training whose programmes are validated under section 15, and

(ii) providers of programmes of education and training to which authority to make awards has been delegated under section 19.

(3) The Council may request—

(a) a provider of programmes of education and training whose programmes are validated under section 15, or

(b) a provider of programmes of education and training to which authority to make awards has been delegated under section 19,

to assist the Council in forming an opinion as to whether a person has achieved the standard determined by the Council under paragraph (b) of subsection (1) for the purpose of making or recognising a further education and training award under paragraph (c) of that subsection.

15 Validation of programmes by Council.

15.—(1) Subject to subsections (2) and (3), a provider of a programme of education and training may apply to the Council for validation of that programme.

(2) (a) Subject to paragraphs (b) and (c) and subsection (3), recognised institutions, An Foras, CERT, Teagasc, An Bord Iascaigh Mhara, any educational or training institution established and maintained by a vocational education committee and any school providing post-primary education, shall apply under subsection (1) to the Council to have all programmes of further education and training which they provide, organise or procure validated by the Council, other than those programmes which are provided as a leisure or recreational activity and which are not intended to lead to an award under this Act.

(b) Paragraph (a) shall not apply to a programme of further education and training in respect of which a provider has authority delegated to it under section 19 to make an award.

(c) Where a recognised institution has entered into arrangements or made arrangements under section 5(1)(b) of the Act of 1992, subject to the agreement of the Council and the Authority, paragraph (a) shall not apply to a programme of further education and training provided by such recognised institution for such period, not exceeding five years from the commencement of this Part, as may be determined by the Council with the agreement of the Authority.

(3) Where a programme of further education and training is organised or procured, in whole or in part, by a provider (“the first mentioned provider”) and is provided, in whole or in part, by another provider (“the second mentioned provider”), the first mentioned provider shall consult with the second mentioned provider before making an application for validation under subsection (1) or (2).

(4) The Council may, on receipt of an application under subsection (1) or (2)—

(a) subject to such conditions as it thinks fit, validate a programme of education and training where it is satisfied that the programme concerned meets the criteria determined by the Council under paragraph (a)(ii) of section 14(1), or

(b) refuse validation.

(5) The conditions referred to in subsection (4)(a) shall include, but not necessarily be limited to, conditions requiring the provider concerned to—

(a) co-operate with and assist the Council, and the Authority where appropriate, in the performance of their functions,

(b) establish the procedures referred to in section 14(1)(e),

(d) provide such information as the Council may from time to time require for the purposes of the performance of the functions of the Council, including information in respect of completion rates.

16 Withdrawal of validation.

16.—(1) The Council may, at any time, review a programme of education and training validated under section 15.

(2) Following a review under subsection (1), where the Council is of the opinion—

(a) that a programme of education and training validated under section 15 no longer meets the criteria determined by the Council under paragraph (a)(ii) of section 14(1), or

(b) that the conditions specified by the Council under paragraph (a) of section 15(4) are not being complied with, or

the Council shall inform the provider of the programme concerned, by notice in writing, of its opinion and the reasons for that opinion and the notice shall state that the provider may make representations to the Council in relation to that opinion not later than one month after the receipt of the notice by the provider.

(3) Where, after the expiration of one month from the service of the notice referred to in subsection (2) and after consideration of any representations made to the Council, the Council remains of that opinion, it may withdraw its validation of the programme concerned, by notice in writing addressed to the provider, from such date as it considers appropriate and having regard to the interests of the learners concerned and until such time as it may be satisfied of whichever of the following is appropriate—

(a) that the programme concerned meets the criteria determined by the Council under paragraph (a)(ii) of section 14(1), or

(b) that the conditions specified by the Council under paragraph (a) of section 15(4) are being complied with, or

17 Appeals to Authority against refusal or withdrawal of validation.

17.—(1) Where the Council refuses to validate a programme of education and training under section 15 or withdraws its validation of a programme under section 16, the provider of the programme concerned may appeal that refusal or withdrawal to the Authority which may, following consultation with the Council—

(a) confirm the decision of the Council, or

(b) annul the decision of the Council and substitute its decision for the decision of the Council.

(2) The Council shall comply with a decision made by the Authority under subsection (1)(b).

18 Quality assurance.

18.—(1) Subject to subsection (6), as soon as practicable after the commencement of this Part and at such other times as the Council after consultation with the provider concerned thinks fit, a provider of a programme of education and training—

(a) whose programme has been validated by the Council under section 15, or

(b) to which authority has been delegated under section 19 to make awards in respect of such programme,

shall, having regard to existing procedures, if any, establish procedures for quality assurance for the purpose of further improving and maintaining the quality of education and training which is provided, organised or procured by that provider as part of the programme concerned and shall agree those procedures with the Council.

(2) Without prejudice to the generality of subsection (1), the procedures established under that subsection shall include—

(a) the evaluation at regular intervals and as directed from time to time by the Council of the programme of education and training concerned, including evaluation by persons who are competent to make national and international comparisons in that respect,

(b) evaluation by learners of that programme, and

and shall provide for the publication in such form and manner as the Council thinks fit of findings arising out of the application of those procedures.

(3) The Council shall consider the findings arising out of the application of procedures established under subsection (1) and may make recommendations to the provider of the programme concerned which that provider shall implement.

(4) The Council shall, from time to time and as directed from time to time by the Authority, in consultation with the provider of a programme of education and training, review the effectiveness of the procedures established under subsection (1) and the implementation by the provider concerned of the findings arising out of the application of those procedures.

(5) The Council shall—

(a) report to the Authority on, and

(b) publish in such form and manner as the Authority thinks fit,

the results of a review under subsection (4) and shall include in the report and publication the views, if any, of the provider of the programme concerned.

(6) Where a programme of further education and training is organised or procured, in whole or in part, by a provider (“the first mentioned provider”) and is provided, in whole or in part, by another provider (“the second mentioned provider”), the first mentioned provider shall, in addition to the requirements specified in subsection (1), in so far as the procedures to be established under that subsection relate to that part of the programme provided by the second mentioned provider, agree those procedures with the second mentioned provider.

Chapter II Delegation of Authority

19 Delegation of authority to make awards.

19.—(1) Subject to subsection (2), An Foras, CERT or Teagasc (in this Chapter referred to as a “relevant provider”), as the case may be, may request the Council to delegate to it the authority to make further education and training awards.

(2) Where a programme of further education and training is organised or procured, in whole or in part, by a relevant provider and is provided, in whole or in part, by any other provider, the relevant provider shall consult with such other provider before making a request under subsection (1) for delegation of authority to make awards in respect of that programme.

(3) Upon receipt of a request under subsection (1), the Council shall determine and publish, in such form and manner as it thinks fit, criteria for the purposes of this section and shall, in accordance with subsection (4), review—

(a) the operation and management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, and

(b) those programmes.

(4) In carrying out a review under subsection (3), the Council shall implement procedures agreed from time to time with the Authority which procedures shall include—

(a) evaluation by the relevant provider of—

(i) the operation and management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, and

(ii) those programmes,

(b) where the Council, with the agreement of the Authority, is satisfied with the result of the evaluation referred to in paragraph (a), subsequent evaluation by such persons who have a particular knowledge and experience related to further education and training, as the Council considers appropriate, including persons with relevant international experience, and

(5) Where the Council is satisfied, with the agreement of the Authority, following a review under subsection (3), that—

(a) the operation and management of a relevant provider in relation to programmes of further education and training provided, organised or procured by that provider, and

(b) those programmes,

meet the criteria determined by the Council for the purposes of this section with the agreement of the Authority, then the Council may delegate to that provider the authority to make such further education and training awards, subject to such conditions as it thinks fit, as the Council specifies by notice in writing to the relevant provider concerned and the Authority.

(6) The conditions referred to in subsection (5) shall include, but not necessarily be limited to, conditions requiring the relevant provider to—

(a) co-operate with and assist the Council, and the Authority where appropriate, in the performance of their functions,

(b) establish the procedures referred to in section 14(1)(e),

(d) provide such information as the Council requires for the purposes of the performance of the functions of the Council, including information in respect of completion rates.

(7) The Council shall, for the purpose of determining the conditions referred to in subsection (5), have regard, in particular, to programmes, if any, referred to in subsection (2).

20 Review and withdrawal of delegated authority.

20.—(1) The Council shall from time to time as it thinks fit and in any case not less than once in every five years, or as directed from time to time by the Authority, review, in such manner as it thinks fit—

(a) the operation and management of a relevant provider, to which authority to make awards has been delegated under section 19, in relation to programmes of further education and training provided, organised or procured by that provider, and

(b) those programmes.

(2) Where the Council, having carried out a review under subsection (1), is of the opinion—

(a) (i) that the operation or management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, or

(ii) that those programmes,

do not meet the criteria determined by the Council under section 19(5), or

(b) that the conditions specified by the Council under section 19(5) are not being complied with, or

(c) that there are other reasonable grounds for withdrawing the authority to make awards delegated to that provider under section 19,

it shall inform the relevant provider concerned, by notice in writing, of its opinion and the reasons for that opinion and the notice shall state that the relevant provider may make representations to the Council in relation to that withdrawal not later than three months after the receipt of the notice by that provider.

(3) Where, after the expiration of three months from the service of the notice referred to in subsection (2) and after consideration of any representations made to the Council, the Council remains of that opinion it may withdraw the authority to make awards delegated to the relevant provider under section 19, by notice in writing addressed to that provider, from such date as it considers appropriate and until such time as it may be satisfied of whichever of the following is appropriate—

(a) (i) that the operation and management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, or

(ii) that those programmes.

meet the criteria determined by the Council under section 19(5), or

(b) that the conditions specified by the Council under section 19(5) are being complied with, or

(4) A review under subsection (1) shall be carried out in accordance with such procedures as may be determined from time to time by the Council with the agreement of the Authority and those procedures shall provide for an appeal to the Authority against a decision to withdraw the authority to make awards delegated under section 19.

PART IV Higher Education And Training Awards Council

Chapter I The Council: General Provisions

21 Establishment of Higher Education and Training Awards Council.

21.—(1) There shall stand established a body to be known as Comhairle na nDámhachtainí Ardoideachais agus Oiliúna or in the English language as the Higher Education and Training Awards Council (in this Part referred to as “the Council”) to perform the functions conferred on it by or under this Act.

(3) A higher education and training award of the National Council for Educational Awards, the National Council for Vocational Awards, An Foras, the National Tourism Certification Board or Teagasc, which was made before the commencement of this Part, shall be deemed to be an award made by the Council.

(4) The Council may, for a period of five years from the commencement of this Part, make or recognise higher education and training awards where it is satisfied that the National Council for Educational Awards, the National Council for Vocational Awards, An Foras, the National Tourism Certification Board or Teagasc—

(a) had, before the commencement of this Part, validated, or

(b) would, but for the commencement of this Part, have validated,

the programme of education and training concerned for the purposes of making or recognising higher education and training awards.

22 Membership of Council.

22.—(1) The Council shall consist of 15 members.

(2) The members of the Council shall be—

(a) the chairperson of the Council,

(b) the chief executive of the Council,

(d) two persons nominated by the Minister, one of whom shall be a person who, in the opinion of the Minister, is representative of providers of education and training, other than recognised institutions,

(e) one person nominated by the Minister for Enterprise, Trade and Employment,

(f) three persons nominated by recognised institutions,

(g) one person who, in the opinion of the Minister, is representative of learners in recognised institutions,

(h) one person who, in the opinion of the Minister, is representative of employees of recognised institutions,

(i) one person nominated by the Irish Business and Employers Confederation,

(j) one person nominated by the Irish Congress of Trade Unions, and

(k) two persons nominated in accordance with subsection (3).

(3) Subject to subsection (1), the Council shall nominate as members two persons who have a special knowledge and experience related to the functions of the Council, at least one of whom shall be a person with relevant international experience related to those functions.

(4) The First Schedule shall apply to the Council.

(5) The Minister may make regulations for the purposes of nominations to be made under subsection (2) or (3).

23 Functions of Council.

23.—(1) The functions of the Council shall be as follows:

(a) to establish and publish, in such form and manner as it thinks fit, policies and criteria for—

(i) the making of higher education and training awards, and

(ii) the validation of programmes of higher education and training,

and to review such policies and criteria not less than once in every five years;

(b) to determine standards of knowledge, skill or competence to be acquired by learners—

(i) before a higher education and training award may be made by the Council or by a recognised institution to which authority to make awards has been delegated under section 29, or

(ii) who request from the Council recognition of an award made by a body other than the Council or a recognised institution to which authority to make awards has been delegated under section 29;

(c) to make or recognise higher education and training awards given or to be given to persons who apply for those awards and who, in the opinion of the Council, have achieved the standard determined by the Council under paragraph (b);

(d) to monitor and evaluate the quality of programmes of education and training in respect of which awards are made or recognised under paragraph (c);

(e) to ensure that—

(i) providers of programmes of education and training whose programmes are validated under section 25, and

(ii) recognised institutions to which authority to make awards has been delegated under section 29,

establish procedures for the assessment of learners which are fair and consistent and for the purpose of compliance with standards determined by the Council under paragraph (b);

(f) to promote the higher education and training awards of the Council;

(g) to facilitate and assist the Authority in carrying out its functions;

(i) to do all such acts or things as are necessary or expedient for the purpose of the exercise of its functions.

(2) The Council, in the performance of its functions, shall—

(a) consult, as it considers appropriate, with providers of higher education and training or other persons or bodies,

(b) following consultation with the Authority, inform itself of practices outside the State in respect of matters relevant to its functions,

(c) following consultation with the Authority, inform itself of the education, training, skills and qualifications requirements of industry, including agriculture, business, tourism, trade, the professions and the public service, including the level of knowledge, skill or competence to be acquired by learners and promote practices in higher education and training which meet those requirements, and

(d) ensure that procedures for access, transfer and progression determined by the Authority under section 8(2)(d) are implemented by—

(i) providers of programmes of education and training whose programmes are validated under section 25, and

(ii) recognised institutions to which authority to make awards has been delegated under section 29.

(3) The Council may request—

(a) a provider of programmes of education and training whose programmes are validated under section 25, or

(b) a recognised institution to which authority to make awards has been delegated under section 29,

to assist the Council in forming an opinion as to whether a person has achieved the standard determined by the Council under paragraph (b) of subsection (1) for the purpose of making or recognising a higher education and training award under paragraph (c) of that subsection.

24 Recognised institutions of Council.

24.—(1) The recognised institutions of the Council shall be—

(a) the institutions established by or under section 3 of the Act of 1992, and

(b) any other institution which is designated as a recognised institution of the Council under subsection (2).

(2) The Minister may, following consultation with recognised institutions and subject to the agreement of the educational or training institution concerned, by order designate an educational or training institution established—

(a) by or under an Act of the Oireachtas, or

(b) by a Minister or by the Government,

as a recognised institution of the Council.

25 Validation of programmes by Council.

25.—(1) Subject to subsections (2) and (3), a provider of a programme of education and training may apply to the Council for validation of that programme.

(2) (a) Subject to paragraphs (b) and (c) and subsection (3), recognised institutions, An Foras, CERT, Teagasc and An Bord Iascaigh Mhara shall apply under subsection (1) to the Council to have all programmes of higher education and training which they provide, organise or procure validated by the Council.

(b) Paragraph (a) shall not apply to a programme of higher education and training in respect of which a recognised institution has authority delegated to it under section 29 to make an award.

(c) Where a recognised institution has entered into arrangements or made arrangements under section 5(1)(b) of the Act of 1992, subject to the agreement of the Council and the Authority, paragraph (a) shall not apply to a programme of higher education and training provided by such recognised institution for such period, not exceeding five years from the commencement of this Part, as may be determined by the Council with the agreement of the Authority.

(3) Where a programme of higher education and training is organised or procured, in whole or in part, by a provider (“the first mentioned provider”) and is provided, in whole or in part, by another provider (“the second mentioned provider”), the first mentioned provider shall consult with the second mentioned provider before making an application for validation under subsection (1) or (2).

(4) The Council may, on receipt of an application under subsection (1) or (2)—

(b) refuse validation.

(5) The conditions referred to in subsection (4)(a) shall include, but not necessarily be limited to, conditions requiring the provider concerned to—

(a) co-operate with and assist the Council, and the Authority where appropriate, in the performance of their functions,

(b) establish the procedures referred to in section 23(1)(e),

(d) provide such information as the Council may from time to time require for the purposes of the performance of the functions of the Council, including information in respect of completion rates.

26 Withdrawal of validation.

26.—(1) The Council may, at any time, review a programme of education and training validated under section 25.

(2) Following a review under subsection (1), where the Council is of the opinion—

(a) that a programme of education and training validated under section 25 no longer meets the criteria determined by the Council under paragraph (a)(ii) of section 23(1), or

(b) that the conditions specified by the Council under paragraph (a) of section 25(4) are not being complied with, or

(a) that the programme concerned meets the criteria determined by the Council under paragraph (a)(ii) of section 23(1), or

(b) that the conditions specified by the Council under paragraph (a) of section 25(4) are being complied with, or

27 Appeals to Authority against refusal or withdrawal of validation.

27.—(1) Where the Council refuses to validate a programme of education and training under section 25 or withdraws its validation of a programme under section 26, the provider of the programme concerned may appeal that refusal or withdrawal to the Authority which may, following consultation with the Council—

(a) confirm the decision of the Council, or

(b) annual the decision of the Council and substitute its decision for the decision of the Council.

(2) The Council shall comply with a decision made by the Authority under subsection (1)(b).

28 Quality assurance.

28.—(1) Subject to subsection (6), as soon as practicable after the commencement of this Part and at such other times as the Council after consultation with the provider concerned thinks fit—

(a) a provider of a programme of education and training whose programme has been validated by the Council under section 25, or

(b) a recognised institution to which authority has been delegated under section 29 to make awards in respect of a programme of higher education and training.

(2) Without prejudice to the generally of subsection (1), the procedures established under that subsection shall include—

(a) evaluation at regular intervals and as directed from time to time by the Council of the programme of education and training concerned, including evaluation by persons who are competent to make national and international comparisons in that respect,

(b) evaluation by learners of that programme, and

and shall provide for the publication in such form and manner as the Council thinks fit of findings arising out of the application of those procedures.

(5) The Council shall—

(a) report to the Authority on, and,

(b) publish in such form and manner as the Authority thinks fit,

the results of a review under subsection (4) and shall include in a report or publication the views, if any, of the provider of the programme concerned.

(6) Where a programme of higher education and training is organised or procured, in whole or in part, by a provider (“the first mentioned provider”) and is provided, in whole or in part, by another provider (“the second mentioned provider”), the first mentioned provider shall, in addition to the requirements specified in subsection (1), in so far as the procedures to be established under that subsection relate to that part of the programme provided by the second mentioned provider, agree those procedures with the second mentioned provider.

Chapter II Delegation of Authority

29 Delegation of authority to make awards.

29.—(1) Subject to subsection (2), a recognised institution may request the Council to delegate to it the authority to make higher education and training awards.

(2) Where a programme of higher education and training is organised or procured, in whole or in part, by a recognised institution and is provided, in whole or in part, by any other provider, the recognised institution shall consult with such other provider before making a request under subsection (1) for delegation of authority to make awards in respect of that programme.

(a) the operation and management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that recognised institution, and

(b) those programmes.

(4) In carrying out a review under subsection (3), the Council shall implement the procedures agreed from time to time with the Authority which procedures shall include—

(a) evaluation by the recognised institution of—

(i) the operation and management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that institution, and

(ii) those programmes,

(b) where the Council, with the agreement of the Authority, is satisfied with the result of the evaluation referred to in paragraph (a), subsequent evaluation by such persons who have a particular knowledge and experience related to higher education and training, as the Council considers appropriate, including persons with relevant international experience, and

(5) Where the Council is satisfied, with the agreement of the Authority, following a review under subsection (3), that—

(a) the operation and management of a recognised institution in relation to programmes of higher education and training provided, organised or procured by the recognised institution, and

(b) those programmes,

meet the criteria determined by the Council for the purposes of this section with the agreement of the Authority, then the Council may delegate to that recognised institution the authority to make such higher education and training awards, subject to such conditions as it thinks fit, as the Council specifies by notice in writing to the recognised institution concerned and the Authority.

(6) The conditions referred to in subsection (5) shall include, but not necessarily be limited to, conditions requiring the recognised institution concerned to—

(a) co-operate with and assist the Council, and the Authority where appropriate, in the performance of their functions,

(b) establish the procedures referred to in section 23(1)(e),

(d) provide such information as the Council requires for the purposes of the performance of the functions of the Council, including information in respect of completion rates.

(7) The Council shall, for the purpose of determining the conditions referred to in subsection (5), have regard, in particular, to programmes, if any, referred to in subsection (2).

(8) A review which, at the commencement of this Part, has been or is being conducted on the direction of the Minister in relation to the delegation of authority to an institution established by or under section 3 of the Act of 1992 to make higher education and training awards, which following such commencement becomes a recognised institution, shall be a review for the purposes of this section where the Minister so determines and the Minister shall inform the Council, by notice in writing, of any such determination and may give such directions to the Council and the Authority, as he or she considers appropriate.

30 Review and withdrawal of delegated authority.

30.—(1) The Council shall from time to time as it thinks fit and in any case not less than once in every five years, or as directed from time to time by the Authority, review, in such manner as it thinks fit—

(a) the operation and management of a recognised institution, to which authority to make awards has been delegated under section 29, in relation to programmes of higher education and training provided, organised or procured by that institution, and

(b) those programmes.

(2) Where the Council, having carried out a review under subsection (1), is of the opinion—

(a) (i) that the operation or management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that recognised institution, or

(ii) that those programmes,

do not meet the criteria determined by the Council under section 29(5), or

(b) that the conditions specified by the Council under section 29(5) are not being complied with, or

(c) that there are other reasonable grounds for withdrawing the authority to make awards delegated to that recognised institution under section 29,

it shall inform the recognised institution concerned, by notice in writing, of its opinion and the reasons for that opinion and the notice shall state that the recognised institution may make representations to the Council in relation to that withdrawal not later than three months after the receipt of the notice by the institution.

(3) Where, after the expiration of three months from the service of the notice referred to in subsection (2) and after consideration of any representations made to the Council, the Council remains of that opinion it may withdraw the authority to make awards delegated to the recognised institution under section 29, by notice in writing addressed to that recognised institution, from such date as it considers appropriate and until such time as it may be satisfied of whichever of the following is appropriate—

(a) (i) that the operation and management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that recognised institution, or

(ii) that those programmes,

meet the criteria determined by the Council under section 29(5), or

(b) that the conditions specified by the Council under section 29(5) are being complied with, or

Chapter III Charters

31 Charters.

31.—(1) A recognised institution which has authority to make awards delegated to it under section 29 shall have a charter which shall not conflict with this Act or with the Regional Technical Colleges Acts, 1992 and 1994.

(2) The Minister may, from time to time, make regulations for the purposes of specifying the matters to be included by a recognised institution in a charter referred to in subsection (1) and without prejudice to the generality of the foregoing such matters may include, but not necessarily be limited to, all or any of the following:

(a) its arrangements for consultation and co-operation with the community in the region served by that institution, including commercial and industrial interests in that community;

(b) its criteria for determining the level of demand for particular programmes of education and training and the levels of such programmes;

(c) its policy in respect of adult and continuing education and the arrangements established for the provision of such education, including part-time and evening programmes;

(d) its arrangements for the implementation of procedures for access, transfer and progression determined by the Authority under section 8(2)(d);

(e) its arrangements for the promotion and use of the Irish language and the promotion of the distinctive cultures of Ireland;

(f) its procedures in relation to quality assurance of its programmes of education and training; and

(g) any other matters which the Minister considers appropriate for the purposes of a charter.

(3) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of those regulations.

(4) In preparing a charter, the governing body of a recognised institution—

(a) shall consult with the Authority and the Council, in such manner as the Authority and the Council think fit,

(b) shall consult with, in such manner as the governing body thinks fit, the academic council, the academic staff and other employees of the recognised institution, any recognised trade union or staff association, and any recognised student union or other student representative body, and

(c) may consult with any other person or group, both within and outside of the recognised institution, which the governing body considers appropriate.

(5) A draft of a charter proposed under this section shall be submitted by the governing body of the recognised institution concerned to the Minister with a request that the proposed charter be recognised, and the Minister may, by order, recognise the charter as so drafted where he or she is satisfied that it is not in conflict with this Act or with the Regional Technical Colleges Acts, 1992 and 1994.

(6) An order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) The Minister may, following consultation with the recognised institution, by order amend or revoke an order made under this section, including an order made under this subsection.

Chapter IV Amendment of Act of 1992

32 Amendment of Act of 1992.

32.—The Act of 1992 is hereby amended—

(a) in section 3, by the substitution for subsection (2) of the following subsection:

“(2) Subject to section 3A (inserted by the Qualifications (Education and Training) Act, 1999), the Government may, by order, provide that this Act shall apply to any other educational institution and amend the said First Schedule by inserting in column (1) thereof the name of the institution and any other particulars relevant to the Schedule and, upon commencement of the order, the institution shall stand established as a college to which this Act applies and the college shall, subject to subsection (4), continue to bear and to be known by that name.”,

(b) by the insertion after section 3 of the following section:

“Appointment of committee to advise An tÚdarás.M	3A. (1) Before making an order under section 3(2) (as amended by the Qualifications (Education and Training) Act, 1999) for the purposes of establishing an educational institution as a college under that section, the Government shall appoint a committee to consider whether an educational institution shall be established under that section and to advise An tÚdarás in that regard.
	(2) The membership of a committee appointed under subsection (1) shall be recommended by An tÚdarás following consultation with the National Qualifications Authority of Ireland and the Higher Education and Training Awards Council and shall include persons who have a special knowledge and experience of education in the State and outside the State.
	(3) A committee appointed under subsection (1), in considering whether an educational institution shall be established as a college under section 3(2), shall—
	(a) examine the provision of higher education and training in the region to be served by the institution concerned and in the State generally,
	(b) where the committee is of the opinion that further provision of higher education and training is necessary, consider other options for achieving such provision other than by the establishment of an educational institution as a college, and
	(c) consult with such bodies and persons as it thinks fit, including any other institution providing higher education and training in the region concerned and the vocational education committee in whose functional area that institution is situated.
	(4) Subject to subsection (5), on the advice of a committee appointed under subsection (1) and the recommendation of An tÚdarás, following consultation with the National Qualifications Authority of Ireland and the Higher Education and Training Awards Council, the Government may make an order under section 3(2).
	(5) The Government shall not make an order under section 3(2) unless it has first caused to be laid before each House of the Oireachtas a draft of the proposed order and a resolution approving of the draft has been passed by both Houses.”,

and

“(b) (i) to enter into arrangements with the Higher Education and Training Awards Council, or with any other authority approved by the National Qualifications Authority of Ireland, from time to time, for the purpose of having higher education and training awards made, and

(ii) to make such other arrangements as may be approved by the Higher Education and Training Awards Council and the National Qualifications Authority of Ireland, from time to time, for that purpose and, subject to sections 29 and 30 of the Qualifications (Education and Training) Act, 1999, to make higher education and training awards, as appropriate;

(bb) (i) to enter into arrangements with the Further Education and Training Awards Council or with any other authority approved by the National Qualifications Authority of Ireland, from time to time, for the purpose of having further education and training awards made, and

(ii) to make such other arrangements as may be approved by the Further Education and Training Awards Council and the National Qualifications Authority of Ireland, from time to time, for that purpose;”.

Chapter V Dissolution of National Council for Educational Awards.

33 Dissolution of National Council for Educational Awards.

33.—(1) The National Council for Educational Awards is hereby dissolved.

(2) Subject to subsection (3), references to the National Council for Educational Awards in an enactment (other than this Act) or in an instrument made thereunder or in the memorandum or articles of association of any company (within the meaning of the Companies Acts, 1963 to 1990) or any other legal document, shall be construed, on and after the commencement of this Chapter, as references to the Council.

(3) Subsection (2) shall not apply to references to the National Council for Educational Awards in regulations made under section 1(1) of the Higher Education Authority Act, 1971.

34 Pending legal proceedings.

34.—Where, immediately before the commencement of this Chapter, any legal proceedings are pending in any court or tribunal and the National Council for Educational Awards or any trustee or agent thereof acting on its behalf is a party to the proceedings, the name of the Council shall be substituted in the proceedings for that of the National Council for Educational Awards or, as the case may be, such trustee or agent thereof, or added in those proceedings as may be appropriate, and those proceedings shall not abate by reason of the substitution.

35 Transfer of assets and liabilities to Council.

35.—(1) The following shall be and hereby are transferred to the Council—

(a) all property and rights relating to such property held or enjoyed immediately before the commencement of this Chapter by the National Council for Educational Awards or any trustee or agent thereof acting on its behalf,

(b) all liabilities incurred before such commencement by the National Council for Educational Awards or any trustee or agent thereof acting on its behalf that had not been discharged before such commencement,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on such commencement, vest in the Council for all the estate, term or interest for which, immediately before such commencement, it was vested in the National Council for Educational Awards but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights shall, as and from such commencement, be enjoyed by the Council, and

(iii) those liabilities shall, as and from such commencement, be liabilities of the Council.

(2) All moneys, stocks, shares and securities transferred to the Council by this section which, on the commencement of this Chapter, are standing in the name of the National Council for Educational Awards or any trustee or agent thereof shall, upon the request of the Council, be transferred into its name.

(3) Every right and liability transferred to the Council by this section may, on or after the commencement of this Chapter, be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for the Council to give notice to the person whose right or liability is transferred by this section of the transfer.

36 Preservation of certain continuing contracts and adaptation of references.

36.—Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the National Council for Educational Awards to any person or given by any person to and accepted by or on behalf of the National Council for Educational Awards and every contract or agreement made between the National Council for Educational Awards, or any trustee or agent thereof acting on its behalf, and any other person and in force but not fully executed and completed immediately before the commencement of this Chapter shall continue in force on and after such commencement and shall be construed and have effect as if the name of the Council was substituted therein for that of the National Council for Educational Awards or, as appropriate, any trustee or agent thereof acting on its behalf, and shall be enforceable by or against the Council.

37 Repeal of National Council for Educational Awards Act, 1979.

37.—The National Council for Educational Awards Act, 1979, is hereby repealed.

PART V Dublin Institute Of Technology

38 Role of Institute.

38.—(1) In this Part “the Institute” means the Dublin Institute of Technology established under section 3 of the Dublin Institute of Technology Act, 1992.

(2) The Institute shall—

(a) facilitate and assist the Authority in carrying out its functions,

(b) implement procedures for access, transfer and progression determined by the Authority under section 8(2)(d) in so far as those procedures apply to the Institute, and

(c) provide such information as the Authority may from time to time require for the purposes of the performance of the functions of the Authority, including information in respect of completion rates.

(3) The Institute may apply to the Further Education and Training Awards Council or the Higher Education and Training Awards Council to have programmes of education and training which it provides, organises or procures validated by either such Council, as appropriate.

39 Quality assurance.

39.—(1) The Institute shall, as soon as practicable after the commencement of this Part, having regard to existing procedures, if any, establish procedures for quality assurance for the purpose of further improving and maintaining the quality of education and training which is provided by the Institute and shall agree those procedures with the Authority.

(2) Without prejudice to the generality of subsection (1), the procedures established under that subsection shall include—

(a) evaluation at regular intervals and as directed from time to time by the Authority of the programmes of education and training provided by the Institute, including evaluations by persons who are competent to make national and international comparisons in that respect,

(b) evaluation by learners of programmes of education and training provided by the Institute, and

and shall provide for the publication in such form and manner as the Authority thinks fit of findings arising out of the application of those procedures.

(3) The Authority shall consider the findings arising out of the application of procedures established under subsection (1) and may make recommendations to the Institute which the Institute shall implement.

(4) The Authority shall, within five years of the commencement of this Part, and thereafter from time to time as it may determine but in any case not more than once in every three years and not less than once in every seven years, in consultation with the Institute, review the effectiveness of the procedures established under subsection (1) and the implementation by the Institute of the findings arising out of the application of those procedures.

(5) The Authority shall publish in such form and manner as it thinks fit the results of a review under subsection (4) and shall include in the publication the views, if any, of the Institute.

PART VI Universities

Chapter I Role of Universities

40 Role of Universities

40.—(1) Without prejudice to the objects and functions of a university under the Act of 1997, a university shall co-operate with and give all reasonable assistance to the Authority in carrying out its functions.

(2) A university may advise the Authority on the exercise of its functions under section 8, in so far as those functions relate to the university.

(3) A university shall provide such information as the Authority may from time to time require for the purposes of the performance of the functions of the Authority.

(4) A university may apply to the Further Education and Training Awards Council or the Higher Education and Training Awards Council to have programmes of education and training which it provides, organises or procures validated by either such Council, as appropriate.

(5) In performing its functions under sections 35 and 49(b) of the Act of 1997, An tÚdarás shall consult with the Authority.

Chapter II Universities established under section 9 of Act of 1997

41 Universities established under section 9 of Act of 1997

41.—(1) This Chapter shall apply only to universities established under section 9 of the Act of 1997 (in this Chapter referred to as a “relevant university”).

(2) A relevant university shall—

(a) co-operate with and give all reasonable assistance to the Authority in carrying out its functions,

(b) implement procedures for access, transfer and progression determined by the Authority under section 8(2)(d) in so far as those procedures apply to the relevant university concerned, and

(3) Where the governing authority of a relevant university approves of a strategic development plan under section 34 of the Act of 1997 it shall—

(a) ensure that the plan provides the means by which that university shall perform its functions under this Act, and

(b) provide a copy of that plan to the Authority.

(4) Where the chief officer of a relevant university prepares a report on the operations and the performance of that university under section 41 of the Act of 1997, he or she shall have regard to the part or parts of the strategic development plan under section 34 of that Act relevant to the performance of the functions of the relevant university concerned under this Act.

(5) Where An tÚdarás, under section 49(a) of the Act of 1997, reviews a strategic development plan prepared by a relevant university in accordance with section 34 of that Act, it shall consult with the Authority with regard to the means by which the relevant university concerned shall perform its functions under this Act.

(6) In determining the amount of money to be allocated for the financial year to a relevant university from moneys provided to An tÚdarás pursuant to section 12 of the Higher Education Authority Act, 1971, and section 37(2) of the Act of 1997, An tÚdarás shall ensure that the range and levels of programmes of education and training in that university and the number of learners participating in those programmes shall be in accordance with such policies as may be determined, from time to time, by the Minister, and An tÚdarás may give directions to a relevant university for those purposes.

(7) A relevant university shall act in accordance with such directions as may be given from time to time by An tÚdarás to that university under subsection (6).

(8) A relevant university may apply to the Further Education and Training Awards Council or the Higher Education and Training Awards Council to have programmes of education and training which it provides, organises or procures validated by either such Council, as appropriate.

42 Quality assurance.

42.—(1) A relevant university shall, as soon as practicable after the commencement of this Chapter, having regard to existing procedures, if any, establish procedures for quality assurance for the purpose of further improving and maintaining the quality of education and training which is provided by the relevant university concerned and shall agree those procedures with the Authority.

(2) Without prejudice to the generality of subsection (1), the procedures established under that subsection shall include—

(a) evaluation at regular intervals and as directed from time to time by the Authority of the programmes of education and training provided by the relevant university concerned, including evaluations by persons who are competent to make national and international comparisons in that respect,

(b) evaluation by learners of programmes of education and training provided by that university, and

and shall provide for the publication in such form and manner as the Authority thinks fit of findings arising out of the application of those procedures.

(3) The Authority shall consider the findings arising out of the application of procedures established under subsection (1) and may make recommendations to the relevant university which that university shall implement.

(4) The Authority shall, within five years of the commencement of this Chapter, and thereafter from time to time as it may determine but in any case not more than once in every three years and not less than once in every seven years, in consultation with the relevant university concerned, review the effectiveness of the procedures established under subsection (1) and the implementation by that university of the findings arising out of the application of those procedures.

(5) The Authority shall publish in such form and manner as it thinks fit the results of a review under subsection (4) and shall include in the publication the views, if any, of the relevant university concerned.

(6) Sections 35 and 49(b) of the Act of 1997 shall not apply to a relevant university.

PART VII Protection For Learners

43 Arrangements for protection of learners.

43.—(1) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall not—

(a) validate a programme of education and training pursuant to section 15 or 25, as the case may be, or

(b) make or recognise any award in respect of a programme of education and training,

being in either case a programme of a duration of three months or more, which is provided by a provider which intends to operate programmes of education and training on a commercial and profit-making basis, unless the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, is satisfied that the provider concerned has arrangements in place which make provision for learners where that provider ceases to provide the programme concerned.

(2) In this Part “arrangements in place” means—

(a) that the provider of the programme concerned has arrangements in place with at least two other providers which provide that a learner may transfer to similar programmes provided by those other providers, or

(b) in the case of a provider who considers, subject to the agreement of the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, that it is not practicable to have arrangements in place as specified in paragraph (a), such provider has arrangements in place which enable that provider to refund to a learner, or to the person who paid the moneys concerned on behalf of the learner, the moneys most recently paid to the provider in respect of that programme.

(3) (a) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall each maintain a register of programmes of education and training in respect of which there are arrangements in place in accordance with subsection (1).

(b) A register referred to in paragraph (a) shall be kept in such form and manner as the Authority may from time to time direct and the Authority shall publish, in such form and manner as the Authority considers appropriate, details of the register concerned.

(4) The requirement to provide information in accordance with section 15(5)(d) or 25(5)(d), as the case may be, may include information in respect of arrangements which a provider is required to have in place in accordance with this section.

(5) References in this Part to a provider ceasing to provide a programme of education and training include ceasing to provide the programme concerned for whatever reason, including—

(a) the insolvency of the provider, or

(b) withdrawal of validation of the programme concerned by the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be,

before completion of that programme.

44 Assistance to find alternative programme.

44.—(1) Where a provider of a programme of education and training to which section 43 applies ceases to provide the programme concerned, the relevant body shall make all reasonable efforts to assist the learners concerned to find an appropriate programme of education and training with another provider which will enable them to complete that education and training.

(2) Subsection (1) applies without prejudice to the duties and obligations of the provider of a programme of education and training to the learners concerned.

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